Application Receipt Date: 060215	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 041020   
Chapter: 13    AR: 635-200
Reason: Physical Standards
RE:     SPD: JFT
Unit/Location: 18TH MP  MP Det Law TC Fort Huachuca, AZ 85613-6000   

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830904  
Current ENL Date: 001010    Current ENL Term: 5 Years  ?????
Current ENL Service: 04 Yrs, 00 Mos, 11 Days ?????
Total Service:  04 Yrs, 00 Mos, 11 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 115   EDU: GED   Overseas: Korea   Combat: Qater (011204-020610).
Decorations/Awards: JSAM, AGCM, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 

Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 13, paragraph 13-2e by reason of physical standards, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JFT (i.e., physical standards) with a reentry eligibility (RE) code of "3".  Evidence of record shows that on 6 October 2004, Orders 280-0101, DA, United States Army Intelligence Center, Fort Huachuca, Arizona, discharged the applicant from the Regular Army, effective date:  20 October 2004.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases. 
      
      
      
      
      
      
      

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s available records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 13, AR 635-200, paragraph 13-2e, by reason of physical standards, with a  characterization of service of general, under honorable conditions and a reentry eligibility (RE) code of "3."  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the incidents of unsatisfactory performance.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the narrative reason for discharge and the characterization of service remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 061220              
Location: Washington,C 

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. The Board found that the the overall length and quality of the applicant's service mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.     















 


Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 061222
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060002398

Applicant Name:  Mr.      
______________________________________________________________________


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